Preview
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
SUPREMECOURTOFTHESTATEOF NEWYORK
COUNTYOF WESTCHESTER
____________ _ _ _ _ _ _ __- _ - - _ - - - - _ _Ç
_ - - - - _ - - - -
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
SERVICING,
Plaintiff, SUMMONS
-against- INDEXNO.:
LAURA GOMES A/K/A LAURA L. GOMES, FILED:
NICHOLAU GOMES, TRUSTEEOF THE LAURA
GOMES TRUST DATED NOVEMBER4, 2022,
JPMORGAN CHASE BANK, N.A., JEWISH HOME
LIFECARE, SARAH NEUMAN CENTER,
WESTCHESTER D/B/A THE NEWJEWISH HOME,
SARAHNEUMAN,"JOHN DOE 1 to JOHNDOE25",
said names being fictitious, the persons or parties intended
being the persons, parties, corporations or entities, if any,
having or claiming an interest in or lien upon the
mortgaged premises described in the complaint,
Defendants.
- - - _ _ _ _ _ _ _ _________ _ _ - - _ _ _ - _ - _Ç
TOTHE ABOVE-NAMED
DEFENDANTS:
YOUAREHEREBY
SUMMONED
to answer the complaint in this action, and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the plaintiffs attorney within 20 days after the service of this summons, exclusive
of the day of service or within 30 days after completion of service where service is made in any
other manner than by personal delivery within the State. In case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the complaint.
NOTICE OFNATUREOFACTION ANDRELIEF SOUGHT
THE OBJECTof above captioned action is to foreclose
the a Consolidation, Extension
and Modification Agreement in the amount of $85,719.00 recorded in the Westchester County
Clerk's/City Register's Office on April 24, 2014 in Control No. 541143030 covering the premises
known as 21 N. RIDGE STREET, RYE BROOK,NY 10573. Thereafter, the Consolidation,
Extension and Modification Agreement was assigned to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,INC., by an Assignment of Mortgage dated November 6, 2017 and
recorded with the Westchester County Clerk on November 15, 2017, in Control No. 573193049.
The loan was then modified by a Loan Modification Agreement with an effective date of August
1, 2022. The Consolidation, Extension and Modification Agreement was further assigned to
NEWREZLLC D/B/A SHELLPOINT MORTGAGESERVICING, by an Assignment of
1 of 63
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
Mortgage dated August 9, 2023 and recorded with the Westchester County Clerk on August 18,
No. 632213443.
2023, in Control
The relief sought in the within action is a fmal Judgment of Foreclosure and Sale directing
the sale of the premises described above to satisfy the debt secured by the Consolidation, Extension
and Modification Agreement described above.
Westchester County is designated as the place of trial on the basis of the fact that the real
property affected by this action is located wholly within said County.
2 of 63
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
NOTICE
YOUAREIN DANGEROF LOSING YOURHOME
If you do not respond to this summonsand complaint
by serving a copy of the answer on the attorney for the
mortgage company who filed this foreclosure
proceeding against you and filing the answer with the
court, a default judgment may be entered and you can
lose your home.
Speak to an attorney or go to the court where your case
is pending for further information on how to answer
the summonsand protect your Property.
Sending a payment to your mortgage company will not
stop this foreclosure action.
YOUMUSTRESPONDBY SERVINGA COPYOF
THE ANSWERON THE ATTORNEYFOR THE
PLAINTIFF (MORTGAGE COMPANY) AND
FILING THEANSWERWITHTHE COURT.
Dated: Westbury, NewYork
May 16, 2024
DRUCK AWGROUP
PLLC
By:
Stuart L rúckman, Esq.
Attorneys for Plaintiff
242 Drexel Avenue
Westbury, NY 11590
(516) 876-0800
WE ARE ATTEMPTINGTO COLLECT A DEBT AND ANY INFORMATION
OBTAINEDWILL BE USEDFORTHAT PURPOSE.
3 of 63
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
OF THESTATEOF NEWYORK
SUPREMECOURT
COUNTYOFWESTCHESTER
____________________ _ _ _ _ _ _ _ _ _ _Ç
- _ _ - _ _ _ _ _ _ _
LLC D/B/A SHELLPOINTMORTGAGE
NEWREZ
SERVICING,
Plaintiff, COMPLAINT
-against- INDEXNO.:
LAURA GOMES A/K/A LAURA L. GOMES, FILED:
NICHOLAU GOMES, TRUSTEEOF THE LAURA
GOMES TRUST DATED NOVEMBER4, 2022,
JPMORGAN CHASE BANK, N.A., JEWISH HOME
LIFECARE, SARAH NEUMAN CENTER,
WESTCHESTER D/B/A THE NEWJEWISH HOME,
SARAHNEUMAN,"JOHN DOE1 to JOHNDOE25",
said namesbeing fictitious, the persons or parties intended
being the persons, parties, corporations or entities, if any,
having or claiming an interest in or lien upon the
mortgaged premises described in the complaint,
Defendants.
____________________-- -- _ _ _ _ _ _ _ _ _ _ - _ - _ _ _ _Ç
Plaintiff, by its attorneys LAWGROUPPLLC,
DRUCKMAN complaining of the
defendants, alleges:
AS ANDFORA FIRST CAUSEOF ACTION
1. At all times hereinafter mentioned plaintiff was and still is a corporation having an
office for the conduct of business at 75 Beattie Place, Suite 300, Greenville, SC 29601.
2. On or about April 18, 2014, LAURAGOMESduly executed and delivered to
CITIBANK, N.A. a Consolidated Note whereby she bound herself to pay the sum of $85,719.00
with interest at the Consolidated Note rate, or if applicable, subject to changes according to the
terms of the Note and to pay to the entity entitled to enforce the Consolidated Note, its successors
and assigns, this sum together with the interest due as follows: By payments under the terms of
the aforementioned Consolidated Note, until the principal and interest are paid in full.
3. As security for the payment of said Consolidated Note, LAURAGOMES
executed,
4 of 63
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
acknowledged and delivered to CITIBANK, N.A. a Consolidation, Extension and Modification
Agreement that was recorded in the Office of the Clerk or Register of Westchester County on April
24, 2014 in Control No. 541 143030 and the mortgage tax was paid, whereby they mortgaged the
hereinafter described real property to CITIBANK, N.A.
3A. Thereafter, the Consolidation, Extension and Modification Agreement was
assigned to MORTGAGE
ELECTRONIC
REGISTRATIONSYSTEMS,INC., by an Assignment
of Mortgage dated November 6, 2017 and recorded with the Westchester County Clerk on
November 15, 2017, in Control No. 573193049. The loan was then modified by a Loan
Modification Agreement with an effective date of August 1, 2022. The Consolidation, Extension
and Modification Agreement was further assigned to NEWREZLLC D/B/A SHELLPOINT
MORTGAGE
SERVICING, by an Assignment of Mortgage dated August 9, 2023 and recorded
with the Westchester County Clerk on August 18, 2023, in Control No. 632213443.
3B. The Plaintiff is the holder of the subject Consolidated Note and Consolidation,
Extension and Modification Agreement and has the authority to institute a mortgage foreclosure
action.
3C. Upon information and belief, plaintiff has complied with all of the provisions of
section five hundred ninety-five-a of the banking law and any rules and regulations promulgated
thereunder, section six-1 or six-m of the banking law, and sections thirteen hundred four (90-Day
Notice) and thirteen hundred six (Banking Department) of the RPAPL.
3D. Pursuant to CPLRRule 3408, the above-entitled action is a foreclosure action on a
residential Mortgage loan as such term is defined in RPAPL§ 1304. Thus, a settlement conference
is necessary in this matter.
4. The Consolidation, Extension and Modification Agreement provides that in
addition to principal and interest, the mortgagor will deposit with the holder thereof monthly
installments for the payment of taxes, water, sewer charges and insurance premiums; and that a
late charge may be assessed if any payments are late.
5. The Consolidated Note provides that in the event borrower fails to make timely
payments, the borrower will be in default, and that if the holder has required immediate payment
in full, the holder will have the right to be reimbursed for all of its costs and expenses in enforcing
attorneys'
the Note including reasonable fees.
6. The Consolidation, Extension and Modification Agreement contains the same
5 of 63
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
conditions as the Consolidated Note in case of default and provides that, at the option of the
mortgagee, the unpaid principal balance together with accrued interest and all other amounts due
pursuant to the terms of the Consolidated Note and Consolidation, Extension and Modification
Agreement shall become due, and that plaintiff is empowered to sell said real property in one
parcel and out of the moneys generated from the sale to pay the amount due for principal, interest,
and all other amounts due pursuant to the terms of the Consolidated Note and Consolidation,
Extension and Modification Agreement together with the costs and expenses of this action.
7. The mortgagors have failed to comply with the terms and conditions of said
Consolidated Note and Consolidation, Extension and Modification Agreement and have defaulted
by failing to pay $214.70 which became due on May 1, 2023 and by failing to pay the monthly
payments which became due thereafter. These amounts remain unpaid and plaintiff has demanded
same in accordance with the loan documents, if necessary.
8. There is now due plaintiff the principal amount of $52,950.90 with interest thereon
at the rate of 3.750 per cent per annum from April 1, 2023, along with all other amounts due
pursuant to the terms of the Consolidated Note and Consolidation, Extension and Modification
Agreement, together with the costs and expenses of this action. The plaintiff now declares the
entire amount due.
9. The defendants and each of them have or claim to have or may have some interest
or lien or claim upon the lands and premises covered by said mortgage or some part thereof, but
that said interest, lien or claim, if any, have accrued subsequent to such mortgage, and are and each
of them is subject and subordinate thereto.
9A. That the Defendants "JOHN DOE 1 to JOHN DOE25" are joined as party
Defendants because they may be tenants/occupants, or may be in possession of the aforementioned
premises, or may be corporations, or other entities or persons who claim, or may claim, a lien
against the premises.
9B. NICHOLAUGOMES,TRUSTEEOF THE LAURAGOMESTRUSTDATED
NOVEMBER
4, 2022 is joined as record owner by virtue of a Deed dated November 4, 2022,
recorded in the County of Westchester on November 18, 2022, in Control No. 623073131.
9C. JPMORGAN
CHASEBANK, N.A. is joined as a party defendant as subordinate
mortgagee by virtue of a Consolidation, Extension and Modification Agreement in the original
amount of $225,000.00, dated June 29, 2005 and recorded in the County of Westchester on
6 of 63
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
February 24, 2006, in Control No. 460400463, and subordination agreement recorded in the
County of Westchester on April 24, 2014, in Control No. 541143033;
9D. JEWISH HOMELIFECARE, SARAHNEUMAN
CENTER, WESTCHESTER
D/B/A THE NEWJEWISH HOME,SARAHNEUMAN
is joined as a party defendant for the
purpose of cutting off possible judgments, which may be liens against the subject premises. A
copy of same is annexed hereto marked "Exhibit "A".
10. No other action or proceeding at law, in equity or otherwise was completed for the
recovery of any part of the principal or interest, secured by said Note and Mortgage.
11. Said premises and the title thereto are subject to any state of facts an accurate survey
would show; to all covenants, restrictions, easements, agreements, reservations, and prior liens, if
any, of record and to any violations thereof; to the physical condition of any building or structure
as of the date of sale hereunder; to building restrictions and zoning ordinances and to any violations
of the same.
12. The plaintiff shall not be deemed to have waived, altered, released or changed its
demand for payment in full by reason of payment, after the date of the commencement of this
action, of any of the defaults mentioned herein; and such demand shall continue and remain
effective until the costs and disbursements of this action and any and all future defaults under the
Note and Mortgage occurring prior to a discontinuance of this action are fully paid.
13. The premises affected by and described in said mortgage are known as 21 N.
RIDGESTREET, RYEBROOK,NY10573 as more fully described in SCHEDULE"A" annexed
hereto.
14. Plaintiff has complied with the provisions of the Baining Law § 9-x, if applicable.
AS ANDFORA SECOND
CAUSEOF ACTION
15. Plaintiff repeats and realleges each and every allegation contained in paragraphs
"1"
through "14".
16. That the mortgage recorded in Control No. 541143030 contains a defective
bounds"
description in that it does not contain the correct "metes and description of the premises.
"A"
17. That the description attached hereto as Schedule contains the correct
description of the property and is the actual legal description for the mortgaged premises herein,
7 of 63
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
known as 21 N. RIDGE STREET, RYE BROOK,NY 10573.
18. That the grantor, grantee, mortgagor and mortgagee agreed and intended that the
"A"
mortgage encompass the description of the premises described in Schedule and same be issued
and recorded.
19. As a result of the mutual agreement, plaintiff is entitled to a reformation of the
recorded mortgage to include the legal description contained in Schedule "A".
WHEREFORE,
plaintiff demandsjudgment:
1. That the defendants herein and all persons claiming under them, subsequent to the
commencementof this action and the filing of a notice of pendency, be barred and foreclosed of
all estate, right, title, interest, claim, lien and equity of redemption to the said mortgaged real
property; except the right of the United States of America and/or its political subdivisions, if it be
a party defendant to this action, to redeem as provided for by applicable law.
2. That the said real property may be decreed and ordered to be sold in one parcel
"11"
according to law, subject to the provisions of paragraph above; that the moneys generated
from the sale be disbursed as follows: to the plaintiff the amount due on said Note and Mortgage,
with interest as set forth to the time of such payment, together with any amount advanced for taxes,
.
water charges, sewer rent, insurance or to protect the validity of the mortgage or the condition of
the property; together with the costs and expenses of such sale; the costs, allowances and
attorneys'
disbursements of this action; reasonable fees; and all other charges and liens thereon to
be paid, with interest from the dates of the respective payments and advances, so far as the amount
of such moneys properly applicable thereto will pay the same.
3. That the defendant LAURAGOMESbe adjudged to pay any deficiency, which
may remain after applying all of said moneys so applicable thereto, so long as the personal liability
for said debt was not discharged in bankruptcy.
4. That during the pendency of this action, a Receiver of rents, issues and profits of
the said mortgaged premises be appointed with the usual powers of such Receivers.
5. That the plaintiff be awarded such other, further and different relief in the real
property and otherwise as may be just and equitable.
8 of 63
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
6. That the mortgage is hereby deemedreformed to reflect the correct legal description
of the aforementioned property as shown in Schedule
"A"
attached.
Dated: Westbury, NewYork
May 16, 2024
DRUCK AWGROUP
PLLC
--
By:
Stuart L( ruckman, Esq.
Attorneys for Plaintiff
242 Drexel Avenue
Westbury, NY 1 1590
(516) 876-0800
9 of 63
INDEX NO. 62591/2024
FILED: WESTCHESTER
COURT
SUPREME OCOUNTY
FTHESTATE OFNEW
CLERK 05/17/2024
YORK 09:42 AM
COUNTY
NYSCEF DOC. NO. 1 OF WESTCHESTER RECEIVED NYSCEF: 05/17/2024
..___________________________________Ç
NEWREZLLC D/B/A SHELLPOINT MORTGAGE CERTIFICATEOFMERIT
SERVICING,
Plaintiff,
-against- Index No.
LAURA GOMES A/K/A LAURA L. GOMES Mortgaged Premises:
NICHOLAU GOMES,TRUSTEEOF THE LAURA 21 N. RIDGE STREET, RYE
GOMESTRUST DATEDNOVEMBER4, 2022, BROOK,NY 10573
JPMORGAN CHASEBANK, N.A., JEWISH HOME Section 135.83 Block 1 Lot 7
LIFECARE, SARAH NEUMAN CENTER,
D/B/A THENEW
WESTCHESTER JEWISHHOME,
SARAHNEUMAN, "JOHN DOE1to JOHNDOE
25", said names being fictitious, the persons or parties
intended being thepersons, parties, corporations
or
entities, if any, having or claiming an interest in or lien
upon the mortgaged premises described in the
complaint,
Defendants.
_____________..-----..___________.._____Ç
***
Stuart L. Druclonan, Esq., pursuant to CPLR§3012-b, certifiesthefollowing:
1. I am an attorney at law duly licensed to practice in the state of New York and am
affiliated with the Law Firm of LAWGROUPPLLC,
DRUCKMAN the attorneys of
record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am
fully aware of the underlying action, as well as the proceedings had herein.
2. On May 16, 2024, I/We communicated with the following representative or
representatives of Plaintiff, who informed me that he/she/they personally reviewed
plaintiff's documents and records relating to this case including, but not limited to, the
mortgage, note, all assignments and other instruments of indebtedness, if applicable.
Name Title
ANUPAMASREEDHAR DOCUMENT
VERIFICATION SPECIALIST
3. Based upon my/our communication with ANUPAMA SREEDHAR,as well as upon my
own inspection of the aforementioned documentation and other reasonable inquiry under
the circumstances, I certify that, to the best of my knowledge, information, and belief,
there is a reasonable basis for the commencementof the instant action and that plaintiff is
currently the creditor entitled to enforce rights under such documents.
10 of 63
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
4. I am aware of my obligations under NewYork Rules of Professional Conduct (22
NYCRRPart 1200) and 22 NYCRRPart 130.
Dated: Westbury, NewYork
May 16, 2024
DRUC AWGROUP
PLLC
--
By: S art L. Druckman, Esq.
11 of 63
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
American
First
MORTGAGESERVICES
SCHEDULEA
DESCRIPTIONOF MORTGAGED
PREMISES
ALL that certain plot, piece or parcel of land, situate, lying and being in the Village of Rye
Brook Town of Rye, County of Westchester and State of New York, being part of Lot No.
N.Y."
32 on a certain map entitled "Map of Tingue Park, Town of Rye, filed in the Office
of the Register of Westchester County (now County Clerk's Office, Division of Land
Records) June 11, 1890, in Volume 8 of Map page 77, bounded and described as follows:
BEGINNINGat the point formed by the intersection of the division linebetween Lots No.
32 and 33 as shown on Map of Tingue Park with the easterly line of Ridge Street, said
point being distant 266.35 feet from monument at the intersection of the northerly line of
Westchester Avenue with the easterly Line of Ridge Street;
RUNNINGTHENCEalong the division line between Lots Not 32 and 33, South 60
degrees 59 minutes East 257.56 feet to the westerly line of Lot No. 21;
THENCEalong the westerly line of Lot No. 21, South 5 degrees 34 minutes 40 seconds
West 21.57 feet;
THENCEacross Lot No. 32, North 60 degrees 49 minutes West 75.22 feet, South 29
degrees 01 minute West 0.71 feet and North 79 degrees 41 minutes West 169.30 feet to the
easterly line of Ridge Street;
THENCEalong the easterly line of Ridge Street, North 6 degrees 43 minutes 40 seconds
East 80.67 feet to the point and place of BEGINNING.
12 of 63
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024
CONSOLIDATEDNOTE
This Note amendsand restates in their entirety, and is given in substitution for,
the Notes described in Exhibit A of the NewYork Consolidation, Extension,
and Modification Agreement dated the samedate as this Note.
April 18, 2014 Rye NewYork
tDate) (city] [Statel
21 NRIDGEST, RYE.BROOK,NY 10573-2101
(Pmperty Address]
1.
EORROWER'
S PROMISETO PAY
In return for a loan that I have received, I promise to pay U.S. $ 85,719.00 (this amount is called "Principal"),
plus interest, to the order of the Lender, The Lender is Citibank, N.A.
I will make all payments under this Note in the form of cash, check or moneyorder.
I understand that tlie Leader may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
Holder."
entitled to receive payments under this Note is called the "Note
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
rate of 3.750 %.
described in Section 6(B)
The interest rate required by this Section 2 is the rate I will pay both before and after any default
of this Note.
3. PAYlMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will malie my monthly payment on the 1st day of each month beginning on June, 2014 . I will
make these payments every month until I have-paid all of the principal and interest and any other charges described below that I
owe under Note. Each payment will be applied as of its scheduled due date and will be applied to interest
may this monthly
before Principal. If, on May1, 2029 , I still owe amounts under this Note, I will pay those amounts in full on
Date."
that date, which is called the "Maturity
I will make my monthly payments at CitiMortgage, Inc. 1000 Technology Drive, OTallon, MO
63368-2240
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $623.37
4,
BORROWER' S RIGHT TOPREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"Prepayment." When 1 make a
Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under the Note.
I maymake a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use iny
Prepayments to reduce the amount of Principal that I bwe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before apphtig my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of
Preview
FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 SUPREMECOURTOFTHESTATEOF NEWYORK COUNTYOF WESTCHESTER ____________ _ _ _ _ _ _ __- _ - - _ - - - - _ _Ç _ - - - - _ - - - - NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff, SUMMONS -against- INDEXNO.: LAURA GOMES A/K/A LAURA L. GOMES, FILED: NICHOLAU GOMES, TRUSTEEOF THE LAURA GOMES TRUST DATED NOVEMBER4, 2022, JPMORGAN CHASE BANK, N.A., JEWISH HOME LIFECARE, SARAH NEUMAN CENTER, WESTCHESTER D/B/A THE NEWJEWISH HOME, SARAHNEUMAN,"JOHN DOE 1 to JOHNDOE25", said names being fictitious, the persons or parties intended being the persons, parties, corporations or entities, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. - - - _ _ _ _ _ _ _ _________ _ _ - - _ _ _ - _ - _Ç TOTHE ABOVE-NAMED DEFENDANTS: YOUAREHEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiffs attorney within 20 days after the service of this summons, exclusive of the day of service or within 30 days after completion of service where service is made in any other manner than by personal delivery within the State. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. NOTICE OFNATUREOFACTION ANDRELIEF SOUGHT THE OBJECTof above captioned action is to foreclose the a Consolidation, Extension and Modification Agreement in the amount of $85,719.00 recorded in the Westchester County Clerk's/City Register's Office on April 24, 2014 in Control No. 541143030 covering the premises known as 21 N. RIDGE STREET, RYE BROOK,NY 10573. Thereafter, the Consolidation, Extension and Modification Agreement was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., by an Assignment of Mortgage dated November 6, 2017 and recorded with the Westchester County Clerk on November 15, 2017, in Control No. 573193049. The loan was then modified by a Loan Modification Agreement with an effective date of August 1, 2022. The Consolidation, Extension and Modification Agreement was further assigned to NEWREZLLC D/B/A SHELLPOINT MORTGAGESERVICING, by an Assignment of 1 of 63 FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 Mortgage dated August 9, 2023 and recorded with the Westchester County Clerk on August 18, No. 632213443. 2023, in Control The relief sought in the within action is a fmal Judgment of Foreclosure and Sale directing the sale of the premises described above to satisfy the debt secured by the Consolidation, Extension and Modification Agreement described above. Westchester County is designated as the place of trial on the basis of the fact that the real property affected by this action is located wholly within said County. 2 of 63 FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 NOTICE YOUAREIN DANGEROF LOSING YOURHOME If you do not respond to this summonsand complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summonsand protect your Property. Sending a payment to your mortgage company will not stop this foreclosure action. YOUMUSTRESPONDBY SERVINGA COPYOF THE ANSWERON THE ATTORNEYFOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THEANSWERWITHTHE COURT. Dated: Westbury, NewYork May 16, 2024 DRUCK AWGROUP PLLC By: Stuart L rúckman, Esq. Attorneys for Plaintiff 242 Drexel Avenue Westbury, NY 11590 (516) 876-0800 WE ARE ATTEMPTINGTO COLLECT A DEBT AND ANY INFORMATION OBTAINEDWILL BE USEDFORTHAT PURPOSE. 3 of 63 FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 OF THESTATEOF NEWYORK SUPREMECOURT COUNTYOFWESTCHESTER ____________________ _ _ _ _ _ _ _ _ _ _Ç - _ _ - _ _ _ _ _ _ _ LLC D/B/A SHELLPOINTMORTGAGE NEWREZ SERVICING, Plaintiff, COMPLAINT -against- INDEXNO.: LAURA GOMES A/K/A LAURA L. GOMES, FILED: NICHOLAU GOMES, TRUSTEEOF THE LAURA GOMES TRUST DATED NOVEMBER4, 2022, JPMORGAN CHASE BANK, N.A., JEWISH HOME LIFECARE, SARAH NEUMAN CENTER, WESTCHESTER D/B/A THE NEWJEWISH HOME, SARAHNEUMAN,"JOHN DOE1 to JOHNDOE25", said namesbeing fictitious, the persons or parties intended being the persons, parties, corporations or entities, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. ____________________-- -- _ _ _ _ _ _ _ _ _ _ - _ - _ _ _ _Ç Plaintiff, by its attorneys LAWGROUPPLLC, DRUCKMAN complaining of the defendants, alleges: AS ANDFORA FIRST CAUSEOF ACTION 1. At all times hereinafter mentioned plaintiff was and still is a corporation having an office for the conduct of business at 75 Beattie Place, Suite 300, Greenville, SC 29601. 2. On or about April 18, 2014, LAURAGOMESduly executed and delivered to CITIBANK, N.A. a Consolidated Note whereby she bound herself to pay the sum of $85,719.00 with interest at the Consolidated Note rate, or if applicable, subject to changes according to the terms of the Note and to pay to the entity entitled to enforce the Consolidated Note, its successors and assigns, this sum together with the interest due as follows: By payments under the terms of the aforementioned Consolidated Note, until the principal and interest are paid in full. 3. As security for the payment of said Consolidated Note, LAURAGOMES executed, 4 of 63 FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 acknowledged and delivered to CITIBANK, N.A. a Consolidation, Extension and Modification Agreement that was recorded in the Office of the Clerk or Register of Westchester County on April 24, 2014 in Control No. 541 143030 and the mortgage tax was paid, whereby they mortgaged the hereinafter described real property to CITIBANK, N.A. 3A. Thereafter, the Consolidation, Extension and Modification Agreement was assigned to MORTGAGE ELECTRONIC REGISTRATIONSYSTEMS,INC., by an Assignment of Mortgage dated November 6, 2017 and recorded with the Westchester County Clerk on November 15, 2017, in Control No. 573193049. The loan was then modified by a Loan Modification Agreement with an effective date of August 1, 2022. The Consolidation, Extension and Modification Agreement was further assigned to NEWREZLLC D/B/A SHELLPOINT MORTGAGE SERVICING, by an Assignment of Mortgage dated August 9, 2023 and recorded with the Westchester County Clerk on August 18, 2023, in Control No. 632213443. 3B. The Plaintiff is the holder of the subject Consolidated Note and Consolidation, Extension and Modification Agreement and has the authority to institute a mortgage foreclosure action. 3C. Upon information and belief, plaintiff has complied with all of the provisions of section five hundred ninety-five-a of the banking law and any rules and regulations promulgated thereunder, section six-1 or six-m of the banking law, and sections thirteen hundred four (90-Day Notice) and thirteen hundred six (Banking Department) of the RPAPL. 3D. Pursuant to CPLRRule 3408, the above-entitled action is a foreclosure action on a residential Mortgage loan as such term is defined in RPAPL§ 1304. Thus, a settlement conference is necessary in this matter. 4. The Consolidation, Extension and Modification Agreement provides that in addition to principal and interest, the mortgagor will deposit with the holder thereof monthly installments for the payment of taxes, water, sewer charges and insurance premiums; and that a late charge may be assessed if any payments are late. 5. The Consolidated Note provides that in the event borrower fails to make timely payments, the borrower will be in default, and that if the holder has required immediate payment in full, the holder will have the right to be reimbursed for all of its costs and expenses in enforcing attorneys' the Note including reasonable fees. 6. The Consolidation, Extension and Modification Agreement contains the same 5 of 63 FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 conditions as the Consolidated Note in case of default and provides that, at the option of the mortgagee, the unpaid principal balance together with accrued interest and all other amounts due pursuant to the terms of the Consolidated Note and Consolidation, Extension and Modification Agreement shall become due, and that plaintiff is empowered to sell said real property in one parcel and out of the moneys generated from the sale to pay the amount due for principal, interest, and all other amounts due pursuant to the terms of the Consolidated Note and Consolidation, Extension and Modification Agreement together with the costs and expenses of this action. 7. The mortgagors have failed to comply with the terms and conditions of said Consolidated Note and Consolidation, Extension and Modification Agreement and have defaulted by failing to pay $214.70 which became due on May 1, 2023 and by failing to pay the monthly payments which became due thereafter. These amounts remain unpaid and plaintiff has demanded same in accordance with the loan documents, if necessary. 8. There is now due plaintiff the principal amount of $52,950.90 with interest thereon at the rate of 3.750 per cent per annum from April 1, 2023, along with all other amounts due pursuant to the terms of the Consolidated Note and Consolidation, Extension and Modification Agreement, together with the costs and expenses of this action. The plaintiff now declares the entire amount due. 9. The defendants and each of them have or claim to have or may have some interest or lien or claim upon the lands and premises covered by said mortgage or some part thereof, but that said interest, lien or claim, if any, have accrued subsequent to such mortgage, and are and each of them is subject and subordinate thereto. 9A. That the Defendants "JOHN DOE 1 to JOHN DOE25" are joined as party Defendants because they may be tenants/occupants, or may be in possession of the aforementioned premises, or may be corporations, or other entities or persons who claim, or may claim, a lien against the premises. 9B. NICHOLAUGOMES,TRUSTEEOF THE LAURAGOMESTRUSTDATED NOVEMBER 4, 2022 is joined as record owner by virtue of a Deed dated November 4, 2022, recorded in the County of Westchester on November 18, 2022, in Control No. 623073131. 9C. JPMORGAN CHASEBANK, N.A. is joined as a party defendant as subordinate mortgagee by virtue of a Consolidation, Extension and Modification Agreement in the original amount of $225,000.00, dated June 29, 2005 and recorded in the County of Westchester on 6 of 63 FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 February 24, 2006, in Control No. 460400463, and subordination agreement recorded in the County of Westchester on April 24, 2014, in Control No. 541143033; 9D. JEWISH HOMELIFECARE, SARAHNEUMAN CENTER, WESTCHESTER D/B/A THE NEWJEWISH HOME,SARAHNEUMAN is joined as a party defendant for the purpose of cutting off possible judgments, which may be liens against the subject premises. A copy of same is annexed hereto marked "Exhibit "A". 10. No other action or proceeding at law, in equity or otherwise was completed for the recovery of any part of the principal or interest, secured by said Note and Mortgage. 11. Said premises and the title thereto are subject to any state of facts an accurate survey would show; to all covenants, restrictions, easements, agreements, reservations, and prior liens, if any, of record and to any violations thereof; to the physical condition of any building or structure as of the date of sale hereunder; to building restrictions and zoning ordinances and to any violations of the same. 12. The plaintiff shall not be deemed to have waived, altered, released or changed its demand for payment in full by reason of payment, after the date of the commencement of this action, of any of the defaults mentioned herein; and such demand shall continue and remain effective until the costs and disbursements of this action and any and all future defaults under the Note and Mortgage occurring prior to a discontinuance of this action are fully paid. 13. The premises affected by and described in said mortgage are known as 21 N. RIDGESTREET, RYEBROOK,NY10573 as more fully described in SCHEDULE"A" annexed hereto. 14. Plaintiff has complied with the provisions of the Baining Law § 9-x, if applicable. AS ANDFORA SECOND CAUSEOF ACTION 15. Plaintiff repeats and realleges each and every allegation contained in paragraphs "1" through "14". 16. That the mortgage recorded in Control No. 541143030 contains a defective bounds" description in that it does not contain the correct "metes and description of the premises. "A" 17. That the description attached hereto as Schedule contains the correct description of the property and is the actual legal description for the mortgaged premises herein, 7 of 63 FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 known as 21 N. RIDGE STREET, RYE BROOK,NY 10573. 18. That the grantor, grantee, mortgagor and mortgagee agreed and intended that the "A" mortgage encompass the description of the premises described in Schedule and same be issued and recorded. 19. As a result of the mutual agreement, plaintiff is entitled to a reformation of the recorded mortgage to include the legal description contained in Schedule "A". WHEREFORE, plaintiff demandsjudgment: 1. That the defendants herein and all persons claiming under them, subsequent to the commencementof this action and the filing of a notice of pendency, be barred and foreclosed of all estate, right, title, interest, claim, lien and equity of redemption to the said mortgaged real property; except the right of the United States of America and/or its political subdivisions, if it be a party defendant to this action, to redeem as provided for by applicable law. 2. That the said real property may be decreed and ordered to be sold in one parcel "11" according to law, subject to the provisions of paragraph above; that the moneys generated from the sale be disbursed as follows: to the plaintiff the amount due on said Note and Mortgage, with interest as set forth to the time of such payment, together with any amount advanced for taxes, . water charges, sewer rent, insurance or to protect the validity of the mortgage or the condition of the property; together with the costs and expenses of such sale; the costs, allowances and attorneys' disbursements of this action; reasonable fees; and all other charges and liens thereon to be paid, with interest from the dates of the respective payments and advances, so far as the amount of such moneys properly applicable thereto will pay the same. 3. That the defendant LAURAGOMESbe adjudged to pay any deficiency, which may remain after applying all of said moneys so applicable thereto, so long as the personal liability for said debt was not discharged in bankruptcy. 4. That during the pendency of this action, a Receiver of rents, issues and profits of the said mortgaged premises be appointed with the usual powers of such Receivers. 5. That the plaintiff be awarded such other, further and different relief in the real property and otherwise as may be just and equitable. 8 of 63 FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 6. That the mortgage is hereby deemedreformed to reflect the correct legal description of the aforementioned property as shown in Schedule "A" attached. Dated: Westbury, NewYork May 16, 2024 DRUCK AWGROUP PLLC -- By: Stuart L( ruckman, Esq. Attorneys for Plaintiff 242 Drexel Avenue Westbury, NY 1 1590 (516) 876-0800 9 of 63 INDEX NO. 62591/2024 FILED: WESTCHESTER COURT SUPREME OCOUNTY FTHESTATE OFNEW CLERK 05/17/2024 YORK 09:42 AM COUNTY NYSCEF DOC. NO. 1 OF WESTCHESTER RECEIVED NYSCEF: 05/17/2024 ..___________________________________Ç NEWREZLLC D/B/A SHELLPOINT MORTGAGE CERTIFICATEOFMERIT SERVICING, Plaintiff, -against- Index No. LAURA GOMES A/K/A LAURA L. GOMES Mortgaged Premises: NICHOLAU GOMES,TRUSTEEOF THE LAURA 21 N. RIDGE STREET, RYE GOMESTRUST DATEDNOVEMBER4, 2022, BROOK,NY 10573 JPMORGAN CHASEBANK, N.A., JEWISH HOME Section 135.83 Block 1 Lot 7 LIFECARE, SARAH NEUMAN CENTER, D/B/A THENEW WESTCHESTER JEWISHHOME, SARAHNEUMAN, "JOHN DOE1to JOHNDOE 25", said names being fictitious, the persons or parties intended being thepersons, parties, corporations or entities, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. _____________..-----..___________.._____Ç *** Stuart L. Druclonan, Esq., pursuant to CPLR§3012-b, certifiesthefollowing: 1. I am an attorney at law duly licensed to practice in the state of New York and am affiliated with the Law Firm of LAWGROUPPLLC, DRUCKMAN the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had herein. 2. On May 16, 2024, I/We communicated with the following representative or representatives of Plaintiff, who informed me that he/she/they personally reviewed plaintiff's documents and records relating to this case including, but not limited to, the mortgage, note, all assignments and other instruments of indebtedness, if applicable. Name Title ANUPAMASREEDHAR DOCUMENT VERIFICATION SPECIALIST 3. Based upon my/our communication with ANUPAMA SREEDHAR,as well as upon my own inspection of the aforementioned documentation and other reasonable inquiry under the circumstances, I certify that, to the best of my knowledge, information, and belief, there is a reasonable basis for the commencementof the instant action and that plaintiff is currently the creditor entitled to enforce rights under such documents. 10 of 63 FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 4. I am aware of my obligations under NewYork Rules of Professional Conduct (22 NYCRRPart 1200) and 22 NYCRRPart 130. Dated: Westbury, NewYork May 16, 2024 DRUC AWGROUP PLLC -- By: S art L. Druckman, Esq. 11 of 63 FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 American First MORTGAGESERVICES SCHEDULEA DESCRIPTIONOF MORTGAGED PREMISES ALL that certain plot, piece or parcel of land, situate, lying and being in the Village of Rye Brook Town of Rye, County of Westchester and State of New York, being part of Lot No. N.Y." 32 on a certain map entitled "Map of Tingue Park, Town of Rye, filed in the Office of the Register of Westchester County (now County Clerk's Office, Division of Land Records) June 11, 1890, in Volume 8 of Map page 77, bounded and described as follows: BEGINNINGat the point formed by the intersection of the division linebetween Lots No. 32 and 33 as shown on Map of Tingue Park with the easterly line of Ridge Street, said point being distant 266.35 feet from monument at the intersection of the northerly line of Westchester Avenue with the easterly Line of Ridge Street; RUNNINGTHENCEalong the division line between Lots Not 32 and 33, South 60 degrees 59 minutes East 257.56 feet to the westerly line of Lot No. 21; THENCEalong the westerly line of Lot No. 21, South 5 degrees 34 minutes 40 seconds West 21.57 feet; THENCEacross Lot No. 32, North 60 degrees 49 minutes West 75.22 feet, South 29 degrees 01 minute West 0.71 feet and North 79 degrees 41 minutes West 169.30 feet to the easterly line of Ridge Street; THENCEalong the easterly line of Ridge Street, North 6 degrees 43 minutes 40 seconds East 80.67 feet to the point and place of BEGINNING. 12 of 63 FILED: WESTCHESTER COUNTY CLERK 05/17/2024 09:42 AM INDEX NO. 62591/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024 CONSOLIDATEDNOTE This Note amendsand restates in their entirety, and is given in substitution for, the Notes described in Exhibit A of the NewYork Consolidation, Extension, and Modification Agreement dated the samedate as this Note. April 18, 2014 Rye NewYork tDate) (city] [Statel 21 NRIDGEST, RYE.BROOK,NY 10573-2101 (Pmperty Address] 1. EORROWER' S PROMISETO PAY In return for a loan that I have received, I promise to pay U.S. $ 85,719.00 (this amount is called "Principal"), plus interest, to the order of the Lender, The Lender is Citibank, N.A. I will make all payments under this Note in the form of cash, check or moneyorder. I understand that tlie Leader may transfer this Note. The Lender or anyone who takes this Note by transfer and who is Holder." entitled to receive payments under this Note is called the "Note 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 3.750 %. described in Section 6(B) The interest rate required by this Section 2 is the rate I will pay both before and after any default of this Note. 3. PAYlMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will malie my monthly payment on the 1st day of each month beginning on June, 2014 . I will make these payments every month until I have-paid all of the principal and interest and any other charges described below that I owe under Note. Each payment will be applied as of its scheduled due date and will be applied to interest may this monthly before Principal. If, on May1, 2029 , I still owe amounts under this Note, I will pay those amounts in full on Date." that date, which is called the "Maturity I will make my monthly payments at CitiMortgage, Inc. 1000 Technology Drive, OTallon, MO 63368-2240 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $623.37 4, BORROWER' S RIGHT TOPREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When 1 make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I maymake a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use iny Prepayments to reduce the amount of Principal that I bwe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before apphtig my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of